Minneapolis Defective Medical Device Lawyer

When someone receives a medical device, like a hip implant, pacemaker, or surgical mesh, it’s usually because they need real help. These devices are meant to improve health, ease pain, or even save lives. Patients trust that these products are safe and reliable, and that the companies that make them understand just how important their work is.

Unfortunately, there have been many instances where medical device manufacturers fail to meet their responsibilities. Whether due to poor design, careless manufacturing, or lack of proper warnings, some devices end up causing serious harm instead of helping. Not only are you still dealing with your original health issue, but now you’re facing new pain, new risks, and maybe even more surgeries.

If a defective medical device has caused harm to you or someone you love, it’s important to know where to turn. At Meshbesher & Spence, we’ve spent more than 60 years standing up for people across Minneapolis. A Minneapolis defective medical device lawyer from our firm can investigate what went wrong, whether other patients have reported similar problems, and who may be responsible for the harm you suffered. Reach out to us online or by calling 612-339-9121 today.

What Is a Defective Medical Device?

In the United States, the Food and Drug Administration (FDA) is responsible for reviewing and approving medical devices for safety and efficacy before they’re allowed on the market.

However, not all go through the same level of testing. Many are cleared through a process called 510(k) clearance, which allows a device to enter the market more quickly if it is shown to be “substantially equivalent” to another device that’s already approved. While this process helps bring new devices to patients faster, it doesn’t always require rigorous clinical testing. As a result, potential risks and flaws can sometimes be overlooked.

A device can also develop safety problems after it reaches patients. The FDA monitors adverse-event reports and device problems and can issue safety communications, early alerts, and recall information when concerns arise. A recall does not necessarily mean an implanted device must be removed. Depending on the problem, the manufacturer may recommend monitoring, repair, adjustment, updated instructions, or removal.

If you received treatment at a Minneapolis hospital or clinic and later learned that your implant or device was recalled, the recall itself does not tell you whether you have a lawsuit. Your medical history, the reason for the recall, what happened to your particular device, and whether the problem caused your injuries all need to be examined.

What Are the Different Types of Medical Device Defects?

A medical device is considered defective when it doesn’t work as intended and ends up putting a patient at risk. These defects usually fall into one of three categories:

• Design Defects: These happen when a device is poorly designed from the start. Even if it’s made exactly as planned, the basic design itself is unsafe or flawed. This can lead to devices that break down inside the body, don’t work properly, or cause harm over time.
• Manufacturing Defects: A manufacturing defect occurs when something goes wrong during the production process. The design might be safe, but an error during manufacturing, like using cheap materials, contamination, or forgoing quality checks, makes the device dangerous or ineffective.
• Failure to Warn: Also known as a “marketing defect,” this happens when companies don’t give proper instructions or fail to warn patients and doctors about known risks. Without clear warnings, users can’t make informed decisions or take the right precautions.

The difference can be important when investigating who is responsible. A design problem may affect an entire model or product line, while a manufacturing defect might affect only certain lots or individual devices. A warning claim may focus on what the manufacturer knew about a risk and what information it provided to physicians or patients.

Whether the problem started at the drawing board, on the manufacturing floor, or during the rush to market a dangerous device, a Minneapolis defective medical device attorney at Meshbesher & Spence can help you hold the right parties accountable.

What Causes Defective Medical Devices to Fail?

Medical devices can fail suddenly, or problems can develop months or years after implantation. A hip component might loosen or wear prematurely. An implanted lead can fracture. A surgical device may malfunction during a procedure. Materials can degrade, components can separate, or software in an electronic device can fail to perform as intended.

The FDA tracks medical-device adverse events involving malfunctions, deterioration in function, failures, affected components, and resulting health effects. When a problem affects a larger group of devices, the manufacturer may issue a correction or removal and the FDA may classify the action as a recall.

Potential causes of a device failure can include:

• Weaknesses in the original design;
• Defective or contaminated materials;
• Errors during manufacturing or assembly;
• Components that wear, loosen, fracture, or corrode prematurely;
• Software, battery, or electrical failures;
• Inadequate testing before the device reaches patients; and
• Warnings or instructions that fail to adequately address known risks.

Determining why your device failed may require more than reviewing the device itself. A Minneapolis defective medical devices attorney may investigate FDA records, recalls and safety communications, adverse-event reports, manufacturer documents, your implant records, imaging, and your medical history. Similar failures involving the same product can also provide important information about whether the problem extends beyond one patient.

What Injuries Can a Defective Medical Device Cause?

The injuries depend heavily on the type of device and how it failed. Someone with a defective joint implant may experience worsening pain and loss of mobility, while a malfunction involving a cardiac or other life-sustaining device can create very different medical risks.

Potential injuries and complications include:

• Infection;
• Internal bleeding or organ damage;
• Nerve or tissue damage;
• Chronic pain;
• Loss of mobility or function;
• Device migration, loosening, fracture, or other mechanical problems;
• The need for revision or removal surgery;
• Additional hospitalization and rehabilitation; and
• Serious complications that can result in permanent injury or death.

For patients with implanted devices, another surgery can carry risks of its own. The FDA notes that even when an implant is recalled, removal is not always recommended because physicians must weigh the risks of leaving the device in place against those associated with removing it.

If you are dealing with new symptoms after receiving an implant or another medical device, your medical care comes first. Once your condition has been evaluated, a Minneapolis defective medical devices lawyer can investigate whether a product failure contributed to the additional treatment, surgery, or long-term problems you are now facing.

The Meshbesher & Spence Approach

A defective medical device case can mean more appointments, another surgery, time away from work, and questions about a product you trusted with your health. Meshbesher & Spence has represented injured Minnesotans for more than 60 years, and our attorneys believe clients deserve a legal team that takes the time to know them and what they are dealing with.

Hear more about the approach Meshbesher & Spence brings to every client relationship:

How Will a Defective Medical Device Attorney in Minneapolis Prove That the Device Was Defective?

Proving that a medical device was defective and that the defect directly caused harm requires more than just showing that the device failed. At Meshbesher & Spence, our attorneys take a strategic, evidence-driven approach. We thoroughly investigate the history of the device, work closely with industry and medical experts, and apply established legal standards to build a compelling case on your behalf.

To succeed in a defective medical device claim, a Minneapolis defective medical device attorney generally will need to prove the following:

• Duty: The company that made or sold the medical device had a legal responsibility to make sure it was safe for patients. That includes designing it properly, using quality materials, and warning about any known risks.
• Breach: We must show that the company failed in that responsibility. This could mean the device had a poor design, was made incorrectly, or didn’t come with proper instructions or warnings.
• Causation: It’s not enough that the device was defective. Your legal team will also have to prove that the defect directly caused your injury. Our team works with medical experts to connect your injury to the failure of the device.
• Damages: Finally, we must show that the injury caused real and measurable harm. This could include physical pain, emotional stress, medical bills, lost income, or other long-term effects on your life.

Medical records can establish when the device was implanted, why it was used, when symptoms developed, and what additional treatment became necessary. Product records can help identify the manufacturer, model, serial or lot number, and whether that particular device was included in a recall or safety notice.

Meshbesher & Spence can also investigate whether the manufacturer received reports of similar failures and what it knew about the problem before you were injured. For someone trying to figure out why a medical device that was supposed to help them instead caused another medical crisis, those records can provide answers that aren’t available from the hospital chart alone.

At Meshbesher & Spence, we’ve been standing up for people wrongfully injured since 1961. We have the resources and experience to take on large corporations with deep pockets and aggressive legal teams. And we don’t back down.

From national medical device manufacturers to global insurance companies, we’ve gone head-to-head with some of the biggest names out there, and we will do the same for you. Reach out to our team today online or by calling 612-339-9121 to learn more about what a Minneapolis defective medical devices lawyer can do for you.

Defective Medical Devices Meshbesher & Spence Has Taken On

Over the years, we’ve represented people harmed by devices and drugs that caused serious injury or long-term complications, including:

• Bair Hugger Warming Blanket Lawsuits
• Abbott/Thoratec HeartMate II & III Systems
• Medtronic HeartWare HVAD Device Failures
• Depo Provera Linked to Brain Tumors
• IVC Filters
• Ethicon Surgical Stapler Recalls
• Elmiron Eye Damage Cases
• Zofran Birth Defect Claims
• Talcum Powder Cases
• Spinal Cord Stimulator Lawsuits

If you’ve been harmed by one of these devices or another medical product not listed here, we encourage you to reach out. Even if your case involves a newer or less-publicized device, a Minneapolis defective medical device lawyer from our firm can investigate your claim and help determine your legal options.

“Professional, precise, and caring law firm. They definitely have your best interests at heart.”

– Tamra L. | Client

How Long Do I Have to File a Defective Medical Device Lawsuit in Minnesota?

Minnesota has different filing deadlines depending on the legal claim involved. An action based on strict liability for a defective product generally has a four-year statute of limitations. Other claims involving the same device may have different deadlines. 

The timeline can become more complicated when a medical device was implanted years before problems appeared. You might first experience pain or other symptoms without knowing the device is responsible. In other cases, another surgery, diagnostic imaging, or a recall notice may be what first raises concerns about the product.

Your implant date, when symptoms began, subsequent treatment, and when you learned about a potential device problem can all be relevant. If you received your device at a Minneapolis hospital or clinic, an attorney can review that timeline and determine which Minnesota filing deadline applies to your claim.

What Kind of Financial Support Can a Defective Medical Device Lawyer in Minneapolis Help Me Recover?

After dealing with a defective medical device, you may need costly revision surgeries, long-term treatment, or therapy just to manage the damage, and even then, your health may never fully return to what it once was. However, you may be eligible for significant compensation to help ease the financial and emotional burden.

A Minneapolis defective medical devices lawyer may be able to fight for compensation to account for:

• Past and Future Medical Expenses: Compensation can cover costs like revision surgeries, physical therapy, hospital stays, medications, assistive devices, and follow-up care related to your injury.
• Lost Income and Reduced Earning Ability: If your injury kept you from working or will limit your ability to earn a living in the future, you may be able to recover compensation for lost wages and loss of future income.
• Pain and Suffering: This includes the physical pain and emotional distress you’ve endured. Many victims experience anxiety, depression, and a reduced quality of life.
• Additional Out-of-Pocket Expenses: These are the unexpected costs that add up quickly: travel to medical appointments, modifications to your home, medical equipment, and other necessities directly tied to your injury.
• Punitive Damages: If the manufacturer acted with reckless disregard for your safety, such as ignoring known risks or hiding information from the public, punitive damages may be awarded to hold them accountable and discourage similar conduct in the future.
• Wrongful Death Damages: If you lost a loved one due to a defective medical device, you may be able to pursue compensation for funeral costs, loss of companionship, and the financial support your loved one would have provided.

A failed device can also create expenses long after the initial problem is discovered. Revision procedures may lead to additional rehabilitation, medications, follow-up imaging, time away from work, and ongoing medical appointments.

Meshbesher & Spence looks at how the device failure has affected your health, work, and future medical needs when determining the compensation to pursue.

A Martindale-Nolo study found that over 90% of people with legal representation received compensation, compared to only about half who handled their claims on their own. When it comes to complex medical device cases, having an experienced attorney on your side can greatly increase your case’s chance of success.

What If My Medical Device Has Been Recalled?

A recall can be the first time you learn there may be a problem with a device inside your body. You may already be experiencing pain or other symptoms, or you may feel fine and suddenly receive a letter telling you that your implant is affected.

A recall does not necessarily mean an implanted device needs to be removed. Depending on the problem, a manufacturer may recommend monitoring, adjustment, repair, updated instructions, or removal. The FDA advises patients to talk with their healthcare provider about what a recall means for their individual treatment. 

A recall also does not automatically establish a legal claim. Your case still needs evidence connecting a defect in your particular device to the injuries or additional medical treatment you experienced.

Keep any recall letters or notices you receive. Your implant card and medical records may also contain the manufacturer, model, serial number, or lot number needed to determine whether your specific device is included in a recall.

Why Hire Meshbesher & Spence: Fighting for Minnesotans Since 1961

Defective medical device cases are challenging, and the sooner an experienced attorney gets involved, the stronger your case can be.

We offer big-city legal experience combined with small-town care and personal attention. Our team of 18 knowledgeable attorneys works together to protect your rights and pursue the full compensation you deserve. You never pay anything upfront. We only get paid if we win your case.

Over the years, we have secured major victories for our clients, including helping plaintiffs affected by the Stryker hip recall, which eventually resulted in a settlement exceeding $1.4 billion.

That experience matters in a defective medical device case. Meshbesher & Spence has represented people in major litigation involving medical products and understands the medical records, product history, expert testimony, and corporate evidence these cases can require.

We meet you on your terms, take the time to understand your story, and fight with the determination your case deserves. With more than $1.1 billion recovered and a legacy of justice that spans over 60 years, Meshbesher & Spence is the name Minnesotans trust. Reach out to us online or by calling 612-339-9121 today.

Proudly Representing Minneapolis Residents